نوع مقاله : علمی-تخصصی
نویسنده
محقق
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the most important topics of contracts is the right of termination in the event of breach of contract, which has important, detailed and relatively complex topics both from a jurisprudential and legal point of view. The purpose of this research, which was compiled with a descriptive analytical method, is to examine this issue with a comparative view from the perspective of Imami jurisprudence, Iranian law and international documents. The findings of the research show that, from a jurisprudential point of view, the right to rescind in the face of coercion of the obligee in the assumption of actual breach of the contract has supporters and opponents who each have their own reasons; However, the arguments of the supporters are stronger. From a legal point of view, Iranian laws, following the famous Imami jurists, consider the right of termination in the event of actual breach of the contract, during duress, and did not mention the right of termination in the event of a hypothetical breach of the contract; However, examples of alleged contract violations can be found in Iranian law. In international documents (in the Vienna Convention of 1980, United Nations Principles and European Principles), the right of termination has been recognized in the event of a breach of contract, both actual breach and hypothetical breach.
کلیدواژهها [English]
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